A. S. Hamilton

The appellant, Samir Ibrahim, appealed his convictions for uttering a threat to cause bodily harm and breaching a recognizance.

The appeal argued that the trial court erred in finding that the words uttered by the visually-impaired appellant over a cellphone constituted a threat.

The Superior Court of Justice, sitting as a Summary Conviction Appeal Court, dismissed the appeal, upholding the trial judge's findings on the words uttered and their interpretation as a threat in context, as well as the appellant's intent to intimidate.

The appellant appealed his sentence of 12 months' imprisonment and a 34-month driving prohibition following guilty pleas to dangerous driving, impaired operation, and flight from police.

The offences involved a 39-minute high-speed police pursuit while the appellant was impaired and driving with a suspended licence.

The summary conviction appeal court found no error in principle and held the sentence was not demonstrably unfit given the gravity of the offences and the appellant's extensive driving record.

The appeal was dismissed, though the driving prohibition was corrected to a 3-year term commencing after release from imprisonment.

The appellant appealed his summary convictions for sexual assault, assault, and mischief, arguing the trial judge misapprehended the evidence and reversed the burden of proof.

The Superior Court of Justice found that the trial judge made several material misapprehensions of the evidence that were central to his negative assessment of the appellant's credibility.

The appeal was allowed, the convictions were set aside, and a new trial was ordered.

The appellant appealed a conviction for assault causing bodily harm arising from an incident where a nightclub security employee restrained a patron in a headlock during an attempt to eject him from the premises.

The trial judge accepted the complainant’s version of events and rejected the accused’s evidence that the injury occurred accidentally when both men slipped and struck a bar.

On appeal, the court held that the trial judge’s reasons were legally insufficient because they failed to explain why the Crown witnesses were believed and why the accused’s evidence did not raise a reasonable doubt.

The reasons were largely conclusory and failed to address material contradictions, possible witness collusion, and corroborating defence evidence.

The deficiencies prevented meaningful appellate review.

A new trial was ordered.